As amended through February 1, 2024
Rule 5.14A - PETITION FOR THE SETTLEMENT OF A SMALL ESTATE(a) A petition for the settlement of a small estate under Section 3102 of the P.E.F. Code shall set forth: (1) the name, date of death, and residence of the decedent;(2) the name and address of the petitioner and his relationship to the decedent;(3) if the petitioner is the surviving spouse, the date and place of marriage to the decedent;(4) whether the decedent died testate or intestate;(5) the names, relationship, and interest of all persons entitled to share in the decedent's estate under the Will or intestate laws, stating who are minors, incapacitated persons, or decedents, with the names of their fiduciaries, if any, and whether any of them received or retained any property of the decedent by payment of wages, salary or any accrued pension under Section 3101 of the P.E.F. Code or otherwise;(6) where a claim for family exemption is included, a statement that claimant formed a part of the decedent's household at the date of his death and, if the claimant is the surviving spouse, that he has not forfeited his right to the family exemption;(7) an itemized statement of the gross personal estate to be distributed and the fair value of each item other than cash, such value to be that given in the inventory filed, and if none was filed, then the fair value, if not readily ascertainable, shall be fixed by two appraisers whose affidavits of value shall be attached to the petition;(8) the disbursements made prior to the filing of the petition; the date and name of the person to whom paid; and the nature and amount of each payment;(9) the names of all unpaid claimants of whom the petitioner has notice, the nature and amount of each claim, and whether such claims are admitted;(10) that a schedule of assets and deductions for inheritance tax purposes has been filed with the Clerk; the amount of any inheritance tax assessed, and the date of payment thereof;(11) a statement that 20 days written notice of intention to present the petition has been given to every unpaid beneficiary, heir, or claimant who has not joined in the petition, or to the Attorney General, if the decedent's heirs are unknown;(12) a statement of distribution of the property, setting forth the persons entitled and their distributive shares and requesting the discharge of the personal representative if letters have been granted.(b) The following exhibits shall be attached to the petition:(1) a copy of the decedent's Will;(2) the consents of unpaid beneficiaries, heirs, and claimants;(3) a copy of the inventory, if one was filed;(4) a copy of the notice given;(5) the inheritance tax voucher, or in lieu thereof a statement from the inheritance tax department that no tax is due.Amended effective 3/1/2021; amended effective 1/1/2024.